Norris v. Johnson
Supreme Court of Arkansas
Appeal from Lincoln Chancery Conrt, John M. Elliott, Chancellor; reversed and The chancery conrt was without jurisdiction. 3 Pomeroy’s Equity, (3 ed.) par. 1156; 88 Ark. 1; 70 Ark. 432; 128 Ark. 420. The objection that equity has no jurisdiction of the subject-matter cannot be waived. 88 Ark. 1. The suit was not properly begun. C. & M. Digest, sec. 1049. The court erred in its construction of the will.
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Appeal from Lincoln Chancery Conrt, John M. Elliott, Chancellor; reversed and The chancery conrt was without jurisdiction. 3 Pomeroy’s Equity, (3 ed.) par. 1156; 88 Ark. 1; 70 Ark. 432; 128 Ark. 420. The objection that equity has no jurisdiction of the subject-matter cannot be waived. 88 Ark. 1. The suit was not properly begun. C. & M. Digest, sec. 1049. The court erred in its construction of the will. The proof offered 'by the plaintiffs to ascertain the intention of the testator cannot be considered. 22 Ark. 278; 90 Ark. 152. The fee was vested absolutely in the wife. 72 Ark. 296; 81 Ark.…
1Opinion of the CourtHumphreys, J.
Appellees instituted suit against appellants in the Lincoln Chancery Court to secure the construction of the will of James S. Johnson, deceased, and to recover certain real estate in said county claimed by them under the will.
Appellants Enoch E. Norris and W. E. Norris answered disclaiming any interest in the lands devised in the will. Appellants Grace and Idel E. Chance filed an answer claiming the lands as the sole heirs of Maggie A. Johnson, the wife of the deceased testator, who they alleged was the devisee of the lands in said will.
The case was submitted to the court upon the pleadings,…
2Cases cited5 opinions
- Booe v. VinsonSupreme Court of Arkansas · 1912
- Archer v. PalmerSupreme Court of Arkansas · 1914
- Parker v. WilsonSupreme Court of Arkansas · 1911
- Gist v. PettusSupreme Court of Arkansas · 1914
- O'Connor v. RowlandSupreme Court of Arkansas · 1904
3Cited by9 opinions
- Bowen v. FrankSupreme Court of Arkansas · 1929
- Lockhart v. LyonsSupreme Court of Arkansas · 1927
- Jesseph v. LeveridgeSupreme Court of Arkansas · 1943
- Warrick v. WoodhamSupreme Court of Alabama · 1942
- Dickens v. TisdaleSupreme Court of Arkansas · 1942
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